16 U.S.C. § 8543: Permit administration

Summary

The agency that runs a federal recreation area must post on its website when visitor-use days are available for outfitters and guides or for holders of commercial use authorizations. The website must be kept current. The agency must also offer an email sign-up so people can get notices when those permits become available. This posting rule does not apply when reissuing an existing permit or when issuing a permit to someone who bought a business that already held the permit, and it does not stop the agency from issuing new permits or adding uses to existing permits. When the agency gets a complete application or proposal for an outfitting or guiding permit, it must acknowledge receipt within 60 days and either make a final decision or give a projected decision date. These rules do not apply to National Park Service concession contracts for lodging, facilities, or services.

Title 16, §8543

Conservation, Source: USLM XML via OLRC

(a)Permit availability

(1)Notifications of permit availability

(A)In general

Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish that information on the website of the agency that administers the applicable area of Federal recreational lands and waters.

(B)Effect

Nothing in this paragraph

(i)

(ii)creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned—

(I)to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or

(II)to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding.

(2)Updates

The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.

(3)Electronic mail notifications

The Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under section 6802(h)(1) of this title (as amended by this title) or commercial use authorizations for outfitting and guiding.

(b)Permit application or proposal acknowledgment

Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 6802(h)(1) of this title (as amended by this title), the Secretary concerned shall—

(1)provide to the applicant notice acknowledging receipt of the application or proposal; and

(2)(A)issue a final decision with respect to the application or proposal; or

(B)provide to the applicant notice of a projected date for a final decision on the application or proposal.

(c)Effect

Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.

Editorial Notes

References in Text

As amended by this title, referred to in subsecs. (a)(3) and (b), means as amended by title III of Pub. L. 118–234.

§8543 Permit Administration

Summary

Title 16, §8543

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata